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CHIEF COURT NABIRA AWANEN V. BELMENE NTAOH

(2011) JELR 33914 (CA)

Court of Appeal  •  CA/PH/177/2010  •  16 Jun 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, JCA (DELIVERING THE LEADING JUDGMENT): In the judgment delivered on 9th February, 2010 IN THE Suit No. BHC/7/2010 Roland I. Akiakwo, J. of Rivers State High Court dismissed the suit of the Appellant, as the claimant' in its entirety for lacking in merits. This appeal is against that judgment. The appellant, in this appeal, is praying that the said judgment be set aside and in its place that judgment be entered in his favour by declaring him the paramount ruler of Kpor Community in Gokana Local Government Area of Rivers State.

In the suit at the court below the appellant, as the Claimant, claimed as follows:-

1. A declaration that under Gokana Native Law and Custom as applicable to kpor in Gokana it is the Family of Gbere Kaboo and or Descendants thereof that is entitled to the Chieftaincy stool of Menebon Kpor (paramount Ruler of Kpor) and that any ascension to the stool outside the Gbere Kaboo Family is unlawful, illegal, null and void and of no effect whatsoever.

2. A de…

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